The power of investigation, prosecution and trial shall be exercised by specialized organs according to law.
Article 3 of the Criminal Procedure Law stipulates that the public security organs shall be responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers. This provision determines the basic principle that the power of investigation, procuratorial and judicial power shall be exercised by specialized organs according to law. Specifically, this principle includes the following basic contents:
1. The power of investigation, prosecution and trial is an important part of state power, which is exclusive and can only be exercised by public security organs, people's procuratorates, people's courts and other specialized organs according to law. Except as otherwise provided by law, no other organ, organization or individual may exercise it. Of course, according to the provisions of Articles 4 and 225 of the Criminal Procedure Law, state security organs can exercise the powers of investigation, detention, preliminary examination and execution of arrest enjoyed by public security organs according to law; A prison may exercise the right to investigate criminal cases that occur in the prison; The military security department can also exercise the right to investigate criminal cases within the military.
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2. The power of investigation, procuratorial power and judicial power shall be exercised by public security organs, people's procuratorates and people's courts respectively, and cannot be substituted for each other. Xiao Kun. As a national public security organ, public security organs are responsible for the investigation of most criminal cases, and enjoy the right of detention, arrest and pre-trial in the process of investigation. As the legal supervision organ of the country, the people's procuratorate enjoys the right of legal supervision in criminal proceedings, and exercises legal supervision over the filing, investigation activities of public security organs, trial activities of courts and execution activities of executive organs; Procuratorial organs have the right to investigate cases directly accepted by themselves and prosecute criminal cases. As the judicial organ of the country, the court exercises judicial power and has the right to try criminal cases and make judgments.
Strictly abide by legal procedures
Article 3 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this law and other laws when conducting criminal proceedings. This provision establishes the principle of strict compliance with legal procedures. The basic meaning of this principle is:
When conducting criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the provisions of the Criminal Procedure Law and other relevant laws, and must not violate the procedures and rules prescribed by law, let alone infringe upon the legitimate rights and interests of the parties and other participants in the proceedings. The "other laws" mentioned here refer to all laws related to criminal proceedings, such as criminal law, court organization law, judge law, procuratorate organization law, prosecutor law, lawyer law, people's police law, etc.
If the people's courts, people's procuratorates and public security organs violate the procedures and rules prescribed by law in litigation activities, the parties and other participants in litigation have the right to lodge complaints and accusations according to law. Organs that violate legal procedures shall bear corresponding legal consequences according to law. According to the provisions of Article 19 1 of the Criminal Procedure Law, if the people's court of second instance finds that the trial of the people's court of first instance violates the provisions of the system of public trial and withdrawal, deprives or restricts the legal litigation rights of the parties, violates the law of organizing a trial, and other illegal circumstances that may affect a fair trial, it shall make a ruling to revoke the original judgment and send it back to the people's court of first instance for retrial. According to article 6 1 of the Supreme People's Court's interpretation, it is forbidden to collect evidence by illegal means. Witnesses' testimony, victim's statements and defendant's statements obtained by extorting a confession by torture or by threatening, luring or cheating shall not be used as the basis for finalizing the case.
People's courts and people's procuratorates independently exercise their functions and powers according to law.
Article 5 of the Criminal Procedure Law stipulates that the people's courts independently exercise judicial power in accordance with the law, and the people's procuratorates independently exercise procuratorial power in accordance with the law, without interference from administrative organs, social organizations and individuals. This provision establishes the principle that people's courts and people's procuratorates independently exercise their functions and powers according to law. The basic meaning of this principle is:
1. The people's courts and people's procuratorates independently exercise judicial power and procuratorial power according to law, without interference from administrative organs, social organizations and individuals. Administrative organs, social organizations and individuals shall not interfere in criminal proceedings conducted by the people's courts and people's procuratorates for any reason or in any way.
This principle emphasizes that the people's courts and people's procuratorates collectively exercise judicial power and procuratorial power, rather than judges and prosecutors independently exercise their functions and powers. Because the people's courts and people's procuratorates implement different leadership systems, the scope of their independent exercise of functions and powers is different. The relationship between the superior and the subordinate of the people's court is a supervisory relationship, not a leadership relationship. The judicial activities of each people's court are independent. The people's court at a higher level can only supervise the people's court at a lower level through the procedure of second instance, the procedure of death penalty review and the procedure of trial supervision. A higher court cannot directly instruct a lower court how to handle a specific case. As far as the people's courts are concerned, single judges and members of the collegial panel have independent jurisdiction over general criminal cases. However, if the collegial panel finds it difficult to make a decision on a difficult, complicated or major case, it shall submit it to the president for discussion and decision. Different from the people's courts, the people's procuratorates have a leadership relationship between higher and lower levels, and the procuratorial organs throughout the country exercise procuratorial power independently. In criminal proceedings, the people's procuratorate at a higher level has the right to instruct the people's procuratorate at a lower level to handle the case, and the people's procuratorate at a lower level must obey it. As far as the people's procuratorates are concerned, the approval of arrest, prosecution and protest is decided by the procurator-general, and major, complicated and difficult cases are discussed and decided by the procuratorial committee.
Although this principle requires the people's courts and people's procuratorates to exercise their functions and powers independently as a whole, the practice of judicial reform in recent years clearly shows that judges enjoy more and more judicial power in court trials.
2. The people's courts and people's procuratorates must strictly abide by the provisions of national laws in the process of independently exercising their functions and powers, and shall not violate legal procedures and rules.
3. The people's courts and people's procuratorates shall, in the process of independently exercising their functions and powers according to law, accept the leadership of China * * * production party, accept the supervision of people's congresses at all levels and report their work to them. This is determined by the political system of our country.